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HomeMy WebLinkAboutMinutes City Council - 08/21/2001I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of August 21, 2001, which were approved by the City Council on August 28, 2001. WITNESSETH MY HAND AND SEAL, this 28th day of August, 2001. 4-' i vrY Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 21, 2001 1:08 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly* Jesse Noyola ABSENT John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Jack L. Carter, Church of the King, and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of July 24, 2001. A motion was made and passed to approve the minutes as presented. *Council Member Kelly arrived at 1:12 p.m. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: C.C. Bay Area Minority Business Opportunity Steering Committee Rene Cantu (Reappointed) Steve Cervantes (Reappointed) Adelfino Palacios (Reappointed) Joe Atkinson (Reappointed) Gabriel Rivas (Reappointed) Sylvia Ford Roland Barrera C.C. Downtown Management District Raymond Gignac Leon Loeb Ted Puckett T T T Park and Recreation Advisory Committee Anne Baker (Reappointed) Billy Olivarez (Reappointed) Gerardo Alvarez (Reappointed) Robert Anderson J. Bradley Clarke Linda Lindsey Community Youth Development (78415) Program Steering Committee Bobbe J. Cummins -Colburn Kimberly Rhodes Andrea Walter Minutes - Regular Council Meeting August 21, 2001 Page 2 Intergovernmental Commission on Drug and Alcohol Abuse Velma Arellano (Reappointed) Jean Newberry (Reappointed) Rev. Mark Stewart ** Animal Control Advisory Committee Dr. Alan Garrett Committee for Persons with Disabilities Mary J. Saenz * * * * * * * * * ** Mayor Neal called for consideration of the consent agenda (Items 3-23). City Secretary Chapa stated that Items 15.a. -c. had been withdrawn. Council members requested that Item 8 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following were passed: 3. M2001-302 Motion approving a supply agreement for photographic film and film development in accordance with Bid Invitation No. BI -0139-01 with Back in an Hour Photos, Corpus Christi, Texas, based on only bid for an estimated annual expenditure of $36,995.20. The term of the agreement will be twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. The film and film development is used by various departments throughout the City. Funds have been budgeted by the using departments in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 4. M2001-303 Motion approving supply agreements with the following companies for the following amounts for an estimated 660 replacement batteries for two-way radios in accordance with Bid Invitation No. BI -0119-01, based on best bid for an estimated annual expenditure of $41,651.52. The term of the contracts will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. The replacement batteries are used by various City departments. Funds have been budgeted in FY2001-2002. ComLink Wireless Technologies, Inc. Grapevine TX Items 1, 2 484 Units $31,214.72 OSI Batteries San Marcos, CA Item 3 176 Units $10,436.80 Total of Awards: $41,651.52 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 21, 2001 Page 3 5. M2001-304 Motion approving a supply agreement with Fisher Scientific Company, Houston, Texas, for laboratory supplies consisting of various chemicals and supplies in accordance with Bid Invitation No. BI -0120-01, based on only bid for an estimated annual expenditure of $43,000. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY2001-2002 by the Water and Health Departments. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 6. M2001-305 Motion authorizing the City Manager or his designee to execute Change Order No. 6 to increase the escrow amount with the Texas Department of Transportation in the amount of $80,507.64 as part of the Kostoryz Road Improvements from Holly Road to Saratoga Boulevard construction contract in accordance with the Advanced Funding Agreement. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 7. ORDINANCE NO. 024536 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Koch Petroleum Group, L.P. for the right to install and maintain two 6" diameter casings containing fiber optic cable approximately 70 -feet across the Up River Road right-of-way in the 8700 Block of Up River Road, approximately 460 -feet east of the Clarkwood Road Street right-of-way, connecting Koch facilities on either side of said right- of-way; establishing a fee of $390. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 9.a. M2001-306 Motion authorizing the City Manager or his designee to execute Attachment Nos. 2, 3, and 4 to Contract No. 7460005741-2002 in the total amount of $408,521 with the Texas Department of Health in the amount of $162,823 for tuberculosis prevention, $117,975 for public health administrative services and $127,723 for immunization services. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 21, 2001 Page 4 9.b. ORDINANCE NO. 024539 Ordinance appropriating a grant from the Texas Department of Health in the amount of $408,521 in the No. 1050 Federal/State Grants Fund as follows: $162,823 for tuberculosis prevention and control; $117,975 for public health administrative services; and $127,723 for immunization services. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 10.a. M2001-307 Motion authorizing the City Manager or his designee to accept two grants totaling $7,500 from the Texas Book Festival. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 10.b. ORDINANCE NO. 024540 Ordinance appropriating $7,500 from the Texas Book Festival in the No. 6010 Trust Fund to purchase library materials for the Janet F. Harte, Northwest and Greenwood Libraries; amending the FY01-02 Budget, adopted by Ordinance No. 024528, to increase appropriations by $7,500 in the No. 6010 Trust Fund - Library. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 11. M2001-308 Motion authorizing the City Manager or his designee to execute a contract with Tiburon, Inc. in the amount of $98,875 for maintenance and software support services on the Police Department's Records Management, Computer Aided Dispatching, Mobile Data Computers, and Automated Vehicle Location Systems. The term of the contract is one year. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 12.a. M2001-309 Motion authorizing the City Manager or his designee to accept a grant in the amount of $54,781 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. Minutes - Regular Council Meeting August 21, 2001 Page 5 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 12.b. ORDINANCE NO. 024541 Ordinance appropriating $54,781 from the State of Texas, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund; transferring $7,695 from the No. 6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 13. M2001-310 Motion authorizing the City Manager or his designee to enter into an agreement with artist Deborah Males to provide public art for the Garden Senior Center in the amount of $8,000. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 14.a. M2001-311 Motion authorizing the City Manager or his designee to accept funding in the amount of $30,322.77 from the West Oso Independent School District E=MC2, 2151 Century Grant Program to provide a structured after school and school holiday recreation program, in addition to a one time camping experience for junior high school youth. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 14.b. ORDINANCE NO. 024542 Ordinance appropriating a $30,322.77 grant from the West Oso Independent School District's E=MC2 21s` Century Grant Program in the No. 1050 Federal/State Grants Fund to provide an After School Program, a Vacation Day Program, and a Camping Trip during the school year at West Oso Junior High School. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 14.c. RESOLUTION NO. 024543 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Minutes - Regular Council Meeting August 21, 2001 Page 6 Agreement with West Oso Junior High School to provide school year programs to youth ages 12 to 16 years in consideration of the payment of $30,322.77 and use of West Oso Junior High School Facilities. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 15.a. WITHDRAWN a.ccva 1.uc c1 Ja,11vv1 Sema, to youth erollcd in alto Sa.11001 e1n1GLm 15.b. WITHDRAWN 7 V.O�naucc appr pnating a az iu,SUL gra it Ii 01fr 111e 1CAaS La.panniciil OI llunlaft JCnLCCJ 111 Inc Clau'3wac V1a11W 1jm1u w yivvIuc an arca acaivy 1 auppi%Antal I,auaa,a) tui • you adIIvucu w LUtpu l.vua111uUa,Pa,uuadLL Jl,uuu1 LIJUIa,I a1Rd J1,11uu1 aa,uvlly piugiauia dui.ng the school ycar. 15.c. WITHDRAWN est lung n auma,nzln li g11w �o cnwutc an uucuocm a..vvPc lien t WIt1. COipus Clinsti Iuda.pCudciit Scl1Oul D'Shia fOf t11e allcf Sc110 duo AOult l,cuc 1 veal llugtain. 16.a. M2001-312 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Protective and Regulatory Services for funding in the amount of $500,000 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for FY01-02. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.b. ORDINANCE NO. 024544 Ordinance appropriating a $500,000 grant from the Texas Department of Protective and Regulatory Services in the No. 1060 Federal/State Grants Fund for the Community Youth Development Program in the 78415 Zip Code area. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 21, 2001 Page 7 16.c. M2001-313 Motion authorizing the City Manager or his designee to execute a subcontract with the Boys and Girls Club of Corpus Christi in the amount of $20,318 to provide services for youth ages 17 years of age and under in the 78415 Zip Code area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.d. M2001-314 Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Inc. in the amount of $351,218 to provide services for youth ages 6 to 17 in the 78415 Zip Code area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.e. M2001-315 Motion authorizing the City Manager or his designee to execute a subcontract with the Park and Recreation Department in the amount of $20,449 to provide services for youth ages 6 to 17 in the 78415 Zip Code area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 16.f. M2001-316 Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey, Inc. in the amount of $33,714 to provide services for youth ages 12 to 17 in the 78415 Zip Code Area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 17. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII. Schedules, Sections 53-250 - 53-258, Section 53-250 - Schedule I, One-way Streets and Alleys, Subsection (a-1) School Areas, by establishing a one-way traffic pattern north on Palmira Drive in the direction from Almeria Avenue to Encantada Avenue during the school hours of Seashore Learning Center Charter School; providing for penalties. Minutes - Regular Council Meeting August 21, 2001 Page 8 The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 18. ORDINANCE NO, 024545 Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by decreasing the speed limit on Up River Road from 40 to 35 MPH between Harney Road and a point approximately 1,200 -feet west of Rehfield Road; providing for penalties. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 19. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a ten-year lease with the Corpus Christi Model Railroad Club, Inc., a non-profit organization, for the use of City property at 821 Louisiana Avenue for recreational purposes and in consideration of Corpus Christi Model Railroad Club, Inc., maintaining the premises and improvements and opening the facility to the public. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 20. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease with Great Westem Soccer League, a non-profit organization, for the use of City property, to wit: Terry and Bobby Labonte Park, for its soccer program and in consideration of Great Western Soccer League maintaining the premises and improvements. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 21. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute Lease No. DTFA07-02- L-00805, on land at Corpus Christi International Airport, terminating September 30, 2002, with option to renew annually through September 30, 2011, with the U.S. Department of Transportation, Federal Aviation Administration (FAA) for the operation of an engine generator and underground fuel tank in consideration of the obligations assumed by the FAA in its establishment, operation and maintenance of the facilities upon the leased premises. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Minutes - Regular Council Meeting August 21, 2001 Page 9 Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 22. ORDINANCE NO. 024546 Ordinance changing the name of Elbow Drive to Pescadores Drive between Almeria Avenue and Park Road 22. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 23. ORDINANCE NO. 024547 Ordinance amending Section 53-97 of the City of Corpus Christi Code of Ordinances to update statutory references, to allow permitted vehicles access onto non -roadway areas, and to provide for issuance of access permits. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, air quality research projects. Council Member Colmenero asked City Manager Garcia to briefly explain this item. Mr. Garcia said the city has received this grant previously and it will be used to continue the air quality monitoring program, which provides a variety of information on pollution levels. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO. 024537 Resolution authorizing the City Manager or his designee to execute a State Funded Grant Agreement with the Texas Natural Resource Conservation Commission in the amount of $884,600 for air quality planning activities. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 8.b. ORDINANCE NO. 024538 Ordinance appropriating $884,600 from the Texas Natural Resource Conservation Commission in the No. 1050 Federal/State Grants Fund for air quality planning activities. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 21, 2001 Page 10 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, water supply update. City Manager Garcia said even though this region has experienced droughts in the past, this is the first time it has had two independent sources of water --the Lake Corpus Christi/Choke Canyon Reservoir and the Mary Rhodes Pipeline. He said for some time the area has been taking approximately 50% of its drinking water from the pipeline. Mr. Ed Garafia, Water Superintendent, used a computer presentation to review historical reservoir levels and the projection of future system storage. He said the revised agreed order with the Texas Natural Resource Conservation Commission (TNRCC) includes the following conditions: when the combined reservoir levels drop below 50% of capacity, an enhanced drought awareness campaign is initiated; below 40%, there is no vegetation watering between 10 a.m. and 6 p.m.; and below 30%, the daytime watering restrictions stay in effect and lawn watering can only be done every five days; in addition, freshwater pass-through requirements are suspended. Mr. Garafia also discussed several enhanced mandatory conservation measures which will be triggered when the reservoir levels drop below 25% and severe mandatory conservation measures below 20%. Mr. Garafia responded to Council Member Noyola's question about testing of plumbing lines. Replying to Council Member Kinnison, Mr. Garcia said it is very hard to estimate the number of gallons of water saved by implementing the conservation measures. The only measurable information the city has is the amount of water consumption per month per household. He said when the reservoir levels drop below 15%, the city will begin to limit the amount of water usage per household. Mr. Garafia also discussed large non-residential customers and irrigation of golf courses. Mr. Garcia pointed out that the situation is much different today than it was in 1996 when the lake levels were at comparable levels because at that time the reservoirs were the region's only source of water. The situation is not as severe because of the use of the Mary Rhodes Pipeline. Mr. Garafia said Water Department employees are going out into the community to educate citizens about conserving water and notifying them that violations may result in fines up to $500. He added that by tomorrow the city should have a completed contract for an additional 4,500 acre-feet of interruptible water from Lake Texana. He said next week staff will make presentations on the Garwood and desalination action plans. Mayor Neal said next week the Council also needs to review the reservoir management plan, particularly with regard to drawing down Choke Canyon. Responding to Council Member Colmenero, Mr. Garafia said that in 1996 the city briefly implemented Condition III of the drought management plan. He also described regulations regarding agricultural land and fire hydrants. He said staff expects the lake levels to drop below 25% in November if there is no significant rain in the reservoirs. Council Member Garrett asked about the city -owned wells. Mr. Garafia said it would take about 30 days to rehabilitate the wells in order for them to be operable. Mr. Garrett asked about Sinton's water supply, and Mr. Garafia said it is the only community in the area which has its own independent water supply (groundwater), meaning it does not utilize Corpus Christi's water supply. Minutes - Regular Council Meeting August 21, 2001 Page 11 Mr. Kinnison asked about the interruptible water from Lake Texana. Mr. Garafia said there is a very good chance that Corpus Christi will be able to receive that water this year. He said the Garwood Irrigation Company project is located around Bay City and it will draw 35,000 acre-feet from the Colorado River. Council Member Noyola asked about watering plants. Mr. Garafia said potted plants, shrubs, trees, etc. can be watered every day of the week except between 10 a.m. and 6 p.m. Mayor Neal requested an update on the wells next week. * * * * * * * * * * * * * Mayor Neal referred to Item 24, a presentation by the Texas Department of Transportation (TXDOT) on the Crosstown Expressway (SH 286) extension interchange and other local projects. Mr. Angel Escobar, Director of Engineering Services, introduced Mr. David Casteel, who became the TXDOT District Engineer for the Corpus Christi District on August 1, 2001. Mr. Casteel introduced Mr. Eddie Guernsey, one of the primary designers of the interchange project, and Mr. Steve Rosiek, President of Rosiek Construction, the contractor. Mr. Casteel noted that the first phase of the project, which was completed in 1995, consisted of building the frontage roads and installing the drainage system from South Padre Island Drive (SH 358) to Saratoga Boulevard at a cost of $8.6 million. In May 2001 TXDOT let the contract for the construction of the interchange and Rosiek Construction was awarded the bid for approximately $55 million. He said this project will allow for improved traffic flow to the south side and will involve six phases over four years, which he briefly explained. Mr. Casteel said this project has received extensive public input and, as a result, three major changes have been made: the existing exit from SPID eastbound to Ayers Street in front of Tinseltown Theaters will remain open; the existing entrance and exit ramps on the Crosstown southbound lanes between Gollihar and Horne streets will remain in place; and a Greenwood exit ramp will be added off of the connector from Crosstown southbound to SPID westbound. Mr. Casteel and Mr. Escobar then responded to Council questions on the interchange project. Mr. Casteel also discussed the raising of the JFK Causeway (Park Road 22), which is scheduled to be let in November 2001 at a cost of about $45 million. He said that project will raise the roadway to at least 9 feet above sea level and improve the Humble Channel crossing. Other projects Mr. Casteel reviewed were McArdle Road, Spur 3 (Ennis Joslin Road), Airline Road, and Leopard Street. He said the 10 -county district has about $200 million under contract at this time. * * * * * * * * * * * * * Mayor Neal referred to Item 26, and a motion was made, seconded, and passed to open the public hearing to consider Zoning Ordinance text amendments. Mr. Michael Gunning, Director of Planning and Development, said the proposed amendments are divided into four areas: definitions; amendments to the recently created "B -1A" Neighborhood Business District; amendments to certain parking regulations regarding the uses identified in the ordinance; and an amendment to Article 29 regulating the Board of Adjustment regarding the bed and breakfast (B&B) facility uses. Minutes - Regular Council Meeting August 21, 2001 Page 12 Mr. Gunning further explained the amendments, saying that definitions will be added for animal hospitals, assisted living facilities, bed and breakfasts, private garages, conunercial vehicles, kennels, and mini -storage facilities. He said the changes to the `B -1A" District being proposed are to eliminate the restaurant use (and all associated performance standards) and to include B&Bs and assisted living uses In addition, staff is recommending modifying the screening fence requirements. With regard to the parking regulations, Mr. Gunning said the proposal is to modify the title itself to "off-street parking," address parking requirements for assisted living facilities and B&Bs, and establish regulations for access drives. The proposed text amendments for the Board of Adjustment deal primarily with B&B uses. He said staff is recommending establishing performance standards to address the following: location of trash receptacles, parking allowances and restrictions, outside activities, separation between B&Bs, hotel/motel tax and the number of rooms. He said there will be two classifications of B&Bs --"bed and breakfast home" and "bed and breakfast inn." Mr. Gunning said two public hearings were held before the Planning Commission on June 6th and July 18th on the proposed Zoning Ordinance text amendments. Mr. Jay Reining, First Assistant City Attorney, said the kennel ordinance was the result of a settlement about two years ago in the case of Tony Bender v. City of Corpus Christi, in which the City Manager agreed to present proposed amendments to the Zoning Ordinance and the animal control ordinances for the Council to consider. He noted that the settlement does not require the Council to adopt the amendments. He said the amendments provide that kennels can be kept in industrial districts ("I-2" or "I-3") with a 100 -foot separation from any adjoining residential districts with the exception of "F -R" Farm Rural District. In addition, the amendments address the number of animals kept, building code issues on the first application, and location of kennels in relation to food services facilities. Responding to Council Member Colmenero, Mr. Gunning referred to the amendment regarding private garages, which calls for a change in the wording from a maximum two -ton vehicle to a maximum one -ton vehicle. To give an example, he said an F350 truck is a three-quarter ton vehicle. Mr. Colmenero asked several questions about the proposed regulations for bed and breakfast uses, to which Mr. Gunning responded. He said the location restrictions are meant to prevent the proliferation of B&Bs within the same block and neighborhood. He noted that the concept of B&Bs is to promote the same residential character as the adjoining homes and most people do not know they are present unless they are pointed out. Mr. Gunning said he was aware of only two B&B uses in single-family zoned areas in the city at this time --one on Ocean Drive and another on Atlantic. Council Member Kinnison asked about the kennel amendments. Mr. Reining said they would permit Mr. Bender to operate his kennels. Mr. Kinnison also asked about existing B&B uses. Mr. Gunning said there may be additional B&Bs in single-family areas but it is difficult to determine that since they were not required to obtain a certificate of occupancy when they opened but they will be required to do so under the new ordinance. He said if a B&B owner is using four bedrooms or less, it will be considered a "grandfathered" use. However, if the owner wants to increase the number of bedrooms allowed to five, he would have to go through the public hearing process with the Zoning Board of Adjustment (ZBA) for a B&B home. He explained why staff is recommending going Minutes - Regular Council Meeting August 21, 2001 Page 13 through the ZBA as opposed to the Planning Commission. He said staff is trying to balance the needs of the B&B operators with the needs of the neighbors. He added that some B&Bs are already located in other zoning areas. Council Member Kelly asked if there are any zoning regulations which impact on a B&B owner's right to serve liquor. Mr. Gunning replied that there are none, with the exception of alcohol sales, which is regulated by the state of Texas. He noted that this ordinance does not have a retail component for the sale of anything. Responding to a question from Mr. Kelly about the ZBA's determinations, Mr. Gunning said he did not see a problem with the ZBA considering uses such as special occasion events for a B&B where there is consent between the owner and the neighbors and performance standards are established. Mayor Neal asked about the composition of the ZBA, and Mr. Gunning said it is a seven -member board (two are alternates) appointed by the Council who hear appeals from the Zoning Ordinance. Council Member Noyola said he thought B&Bs were traditionally quiet places to stay and he questioned parties being held at them. Mr. Gunning replied that there is probably no reason why someone could not hold a reception at a B&B facility provided it is not something that is rented out or commercialized. He commented on events held at Ocean House, which has hosted large parties (such as a wedding reception) which involved valet parking. Mayor Neal called for public comment. Mr. S.M. Cowling, 138 Southern, asked how neighbors who live outside the 200 -foot notification area will become informed about hearings for proposed special use permits. Mr. Gunning said if someone wants to open a bed and breakfast home in a residential neighborhood, he will have to make an application with the ZBA. City staff will send out notices to those within 200 feet advising them of the hearing; in addition, an agenda of the hearing will be posted and there will be a notice in the newspaper. Mr. Cowling asked if the process can be changed so that a petition for a B&B would come before the City Council. Mr. Gunning said that would be an option. Mrs. Dorothy Spann, 502 Del Mar, said these proposals would override the deed restrictions in the Del Mar neighborhood. City Attorney Bray said that deed restrictions are covenants between property owners, who can enforce them against one another but the city cannot enforce them. In addition, the city cannot overrule deed restrictions with an ordinance. Mrs. Spann said the Del Mar Neighborhood Association is trying to achieve a historical designation and she expressed concern about the existence of the bed and breakfast on Atlantic Street. She urged the Council to withdraw the B&B amendments. Ms. Donna Mickley, 141 Atlantic, said she owns a bed and breakfast at that location. She said she has extended invitations to her neighbors to visit her facility, which has four guest rooms. She said her B&B is very quiet and she spent a lot of time preparing to open her business in conformance with the regulations. She said according to the Texas Alcoholic Beverage Commission, she cannot serve alcohol of any kind, even if she gives it to her guests, because they are paying to stay there and in turn would be paying for the alcohol. However, she said the TABC says guests over 21 can bring in their own alcohol. T Minutes - Regular Council Meeting August 21, 2001 Page 14 Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero and passed. Mayor Neal said there is a difference between a traditional bed and breakfast in which a person spends the night, has breakfast the next morning, and then leaves, and a B&B which hosts parties, such as the B&B on Ocean Drive. Mr. Colmenero said many clarifications need to be made. Council Member Chesney said he thinks some consideration should be given to "grandfathering" existing B&B uses while potentially establishing further restrictions to address the neighbors' concerns. He also said he believes the Council --rather than the ZBA--should be making the final decisions on such issues. Responding to Mayor Neal, Mr. Bray explained that the four -boarder rule that currently exists is not being proposed to be changed. He gave examples of situations that would violate the current ordinance: if four couples (as opposed to four individual boarders) stay in a B&B home that has four bedrooms, and if someone in a residential neighborhood is holding parties and receptions for remuneration of any kind. He further explained that the remuneration that the B&B owner is allowed to receive under the ordinance is only for the bed and breakfast function from the individual lodgers. Mr. Kinnison said he felt the bed and breakfast regulations needed to be discussed in more detail but he did not want to hold up the other Zoning Ordinance text amendments. Mayor Neal said the Council can pass the ordinances on first reading and those that do not deal with B&B uses (Items 26.c. -e.) can come back for second reading and staff can continue to work on the B&B proposals. City Secretary Chapa said the items the Council was considering on first reading were those presented in the agenda book and not the substitute ordinance. He then polled the Council for their votes as follows: 26.b. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by revising Article 3, Definitions, Article 4A, "F -R" Farm -Rural District Regulations; Article 4B, "RE" Residential Estate District Regulations; Article 4C, "RA" One -family Dwelling District Regulations; Article 5, "R -1A" One -family Dwelling District Regulations; Article 6B, "R-TH" Townhouse Dwelling District Regulations; Article 7, "R-2" Multiple Dwelling District Regulations; Article 8, "A-1" Apartment House District Regulations; Article 8A, "A -1A" Apartment House District Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT" Apartment - Tourist District Regulations; Article 11, "AB" Professional Office District Regulations; Article 12A, "B -1A" Neighborhood Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District Regulations; Article 15, "B-3" Business District Regulations; Article 16, "B-4" General Business District Regulations; Article 22, Parking Regulations; and Article 29, The Board of Adjustment. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Minutes - Regular Council Meeting August 21, 2001 Page 15 26.c. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by revising Article 3 by adding a definition of kennel and Article 20, Section 20-5 and Article 21, Section 21-6 by requiring buildings and structures used to house animals, birds, and poultry at animal shelters, kennels, and commercial establishments that raise animals, poultry, and birds within an "I-2" Light Industrial District and "I-3" Heavy Industrial District to be set back at least 100 feet from any required yard lines if abutting or adjoining a residential district. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 26.d. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, regarding commercial permits, fees, and spacing requirements, and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 26.e. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 19, Food and Food Establishments, regarding required separation between food establishments and kennels and other businesses used to house animals, and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. Mayor Neal referred to Item 27, and a motion was made, seconded, and passed to open the public hearing to determine the feasibility of selling certain park lands. Mr. Tony Cisneros, Director of Park and Recreation, explained that on November 7, 2000 the voters approved a referendum giving the city permission to divest itself of particular pieces of unusable park land. He said eight properties are included in this resolution: Arcadia Village Park, 1.441 acres; Meldo Park, .964 acres; Tuloso Park, 1.217 acres; Martin Luther King Dr., .216 acres; Southbay Park, .23 acres; Highland Avenue Park, .005 acres; Parkview Park, .118 acres; and Ayers Street Park, .7 acres. Council Member Noyola asked if there were any potential buyers. Mr. Cisneros replied that there has been quite a bit of interest and the next step is to advertise the parcels that will be for sale. Any proceeds will go back into the Unrestricted Park Trust Account for future use for either park improvements or the acquisition of park land. Minutes - Regular Council Meeting August 21, 2001 Page 16 There were no comments from the audience. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Colmenero and passed. City Secretary Chapa noted that staff had submitted a substitute resolution that changes the caption. Mr. Garrett made a motion to amend Item 27.b. to substitute a revised resolution, seconded by Mr. Colmenero and passed. Mr. Chapa polled the Council for their votes as follows: 27.b. RESOLUTION NO. 024548 Resolution finding, upon public hearing, that certain parcels of real property owned by the city and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's remaining park lands as a result of the sale or disposal of the specified parcels. The foregoing resolution passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, and Noyola voting "Aye"; Longoria, Kinnison, and Scott absent. * * * * * * * * * * * * * Mayor Neal referred to Item 28, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 28. Case No. 0701-03. Alfonso G. Benavides: A change of zoning from "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District on Rolling Acres No. 1, being the northwesterly 107 feet of Tract 16, located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle. City Secretary Chapa said the Planning Commission recommended approval of the "B-1" Neighborhood Business District and staffrecommended denial of the `B-1" Neighborhood Business District. He said there is an ordinance before the Council which grants the rezoning request. Mr. Gunning said the applicant wishes to open and operate a cake specialty store within their existing residence, which is located in an area predominantly zoned for single-family development. He said the Planning Commission voted to recommend approval of the `B-1" with one commissioner opposed. Staff is of the opinion that granting the "B-1" zoning or a special permit in this area would basically set up the adjoining properties to be eventually rezoned to commercial uses. Mr. Gunning referred to a site map and photographs showing the property's location on the 9000 block of Leopard Street as well as the adjoining properties. Council Member Chesney asked why the Planning Commission recommended approval. Mr. Gunning replied that they felt the "B-1" District is designed to be compatible with adjoining residential areas and they felt the applicant presented a good case. He said the Northwest Area Development Plan contemplates that the area across Leopard Street to the north would be commercialized while the subject area would remain low-density residential. Minutes - Regular Council Meeting August 21, 2001 Page 17 Considering the configuration of the lots and the location of the drainage ditch, Council Member Kelly questioned whether there would be a serious danger of business use jumping over to the northern -most lot on Princess Drive across from the existing "B-4" District. He also asked about the prospect of residential development on the lot immediately east of the subject property. Mr. Gunning replied that as long as the area retains its residential character, the prospects of continued residential development are good. However, he said his experience is that when an area is opened up to commercial development, other development follows. Mr. Kelly asked what would be some of the more offensive "B-1" uses that could end up on the subject property if the proposed bakery is not successful. Mr. Gunning said there could be restaurants (including drive-through fast-food restaurants) and 24-hour convenience stores. Mayor Neal called for public comment. Mr. Alfonso G. Benavides, the applicant, explained how he came to purchase the property for his family and their plans for the bakery. He said while his application to rezone to "B-1" was approved by the Planning Commission, the Planning Department staff has recommended denial, citing several concerns. He said he spoke with his neighbors within 200 feet and they were not opposed to the bakery use. He said the opposing property owner is located across Leopard Street. Mr. Benavides also said that his property fronts on Leopard Street and has no direct access to a residential street. He also referred to photographs of his property and the adjacent homes. He presented the Council with a list of 322 people he and his wife spoke to in the area who support their plans for their business. He also discussed traffic counts and continuing commercial development on Leopard Street. Mayor Neal asked Mr. Benavides when he purchased the property, and he said it was on May 25, 2001. He discussed deed restrictions that are on the property. Responding to Mr. Kelly, Mr. Benavides said the owner of the lot immediately to the west was the seller and he is not opposed to the bakery. Mr. Kelly referred to Mr. Benavides' list of signatures and specifically asked about some of the property owners. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kinnison and passed. Mr. Kelly said he has driven around the subject property and he said it appears that there is a significant amount of commercial development around it. He said it seems unrealistic to expect that there will be any future residential development on Leopard Street. He said the existence of a large drainage ditch behind the subject property should protect the residences on Princess Drive from any commercial encroachment and he cited the support expressed by most of the neighbors. Mr. Kelly asked about the possibility of a special permit for the bakery rather than rezoning to `B-1." Mr. Gunning said if the base zoning remains "R -1B," the owner would not be allowed to have additional signage; however, they could request "AB" which would allow a 20 -square foot wall sign that could be converted to a free-standing sign through a conditional sign permit. He said even T T Minutes - Regular Council Meeting August 21, 2001 Page 18 with "AB" zoning, a special permit would be necessary for the operation of the bakery since it is not allowed as a matter of right. Uses that are allowed in "AB" include hair salons, professional offices and multi -family uses but not convenience stores or restaurants. Mr. Gunning said if the Council wishes, he can have the Planning staff meet with Mr. Benavides to develop a special permit that the Council can consider in about two weeks. Responding to other questions from Mayor Neal, Mr. Benavides said his property is owner - financed for 10 years and during that time he cannot sell or lease it. The Mayor questioned what would happen if the Council rezoned the property to business and the bakery was not successful. He said Mr. Benavides would be stuck with a commercial property that he could not sell for 10 years. Mr. Gunning said a special permit would expire in one year but an outright rezoning runs with the land in perpetuity. Mr. Chesney said that initially he was uncomfortable with granting the rezoning request but upon hearing the case he has changed his mind and will defer to Mr. Kelly since it is in his district and he has taken the time to consider all the ramifications. Mr. Colmenero said he does not believe that Leopard Street will ever go back to being a residential area. Mr. Kelly said he is more inclined to rezone to "AB" with a special permit for the bakery use than straight `B-1" zoning. Mr. Noyola said he concurs with a special permit. Mr. Kelly made a motion to table this zoning case for two weeks, seconded by Mr. Colmenero and passed. Mr. Garcia pointed out that the Council's next meeting is not until September 11, 2001. Mr. Garrett asked Mr. Benavides if he understood the Council's direction to staff regarding his property. Mr. Benavides said he was concerned about the limitations of the "AB" zoning as opposed to the `B-1" zoning because he is not sure exactly what it entails. Mr. Kelly made a motion to amend his original motion to table this zoning case to September 11, 2001 to give staff and the applicant the opportunity to develop "AB" zoning with a special permit for a bakery, seconded by Mr. Kinnison and passed (Longoria and Scott absent). TABLED Istllct, amen alag nle t✓e,l,picncnst,e t ta.t to acceunt lur any cola ions non. we cAlstmg enipiclien$ive I'lau. * * * * * * * * * * * * * Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 29. Case No, 0701-02. Kings Crossing Realty. Ltd.: A change of zoning from an "R -1B" One- Minutes - Regular Council Meeting August 21, 2001 Page 19 family Dwelling District, "B-1" Neighborhood Business District, and "B-4" General Business District to an "R -1C" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 15.54 acres out of Lots 17 and 18, located along the south side of Yorktown Boulevard and east side of South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1C" One -family Dwelling District. There was no opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 29. ORDINANCE NO. 024549 Ordinance amending the Zoning Ordinance, upon application by King's Crossing Realty, Ltd., by changing the Zoning Map in reference to 15.54 acres out of Lots 17 and 18, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District, "B-1" Neighborhood Business District, and "B-4" General Business District to "R - 1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * * * * * * * * * * * * Mayor Neal called for a brief recess. Upon reconvening, he called for public comment. Mr. Jack Gordy, 310 Norton St., discussed the Public Information Act, which went into effect on September 1, 1996. He said for the last five years the Police Department has been violating the law. He said they have subsequently received the necessary information and they still do not have it posted. He said the County Attorney sent a letter to the City Manager telling him the law needs to be enforced. Mr. Joe Cole, 4613 Kirkwood, said he is a small general contractor. He said the state does not require him to have workers compensation insurance but the new regulations for the city's landfill do require it, which will cost him about $28,000 to $30,000 a year. He said other small companies will not be able to afford such insurance. Referring to Mr. Cole's comments, Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said that if the state does not require a contractor to carry workers compensation, then the city will not either as long as that information is verified through the permit process. Council Member Noyola said the new ordinance is affecting many small businesses. Mayor Neal explained that there is no mandatory workers compensation statute in Texas. He said if an employer elects not to be a subscriber, he is supposed to file a non -subscriber statement Minutes - Regular Council Meeting August 21, 2001 Page 20 with the state. Mr. Massey said the city's intention is just to enforce what the state law requires and if an employer opts out, the city will not withhold the permit. The Mayor said the Council needs to have additional discussion about the pollution liability requirements in the solid waste ordinance. With regard to Mr. Gordy's comments, Mr. Garcia said staff provided the Council with a memo detailing their discussions with representatives of the General Services Commission (GSC) in Austin over the last week. He said the GSC gave the city a written ruling that it should charge 10 cents per page to a victim or victim's agent who requests a copy of an offense or incident report, and $2 to any other person requesting such reports. He said the city was undercharging for copies of accident reports and those copies will be $6 each effective September 1, 2001. He said these changes will result in a net revenue loss of about $10,000 which will be absorbed in the budget. Deputy City Manager Noe pointed out that incident reports about crimes against persons (muggings, rapes, etc.) are given to the victims at no charge, but incident reports about other crimes (burglaries of homes or cars) are provided to the victims for 10 cents per page or $2 for non -victims. Responding to Mr. Chesney, Mr. Noe said most cities treated accident reports and incident reports similarly and charged basically the same fee for both. He said a citizen filed a complaint with the GSC and staff discussed it with them and subsequently received a ruling about it yesterday. Mr. Garrett asked if the city is now in compliance with the GSC's regulations, and Mr. Noe said it is. Mr. Garrett added that there is a lot of labor involved in providing reports because of confidentiality issues. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 30, tethering of animals. There were no comments from the audience. Responding to Council Member Garrett, Dr. Nina Sisley, Director of Public Health, said if a person has a fenced yard, he is not required to tether his animal. She said this proposed ordinance is different from staffs original proposal in that any method of tethering can be used so long as the dog does not become entangled and is able to reach food and water. She said the ordinance will give Animal Control permission to pick up a dog that becomes entangled. In response to Council Member Kelly, Mr. Jeff Beynon, Director of Animal Control, said the animal will have to be tangled up on an apparatus for them to impound the animal. Council Member Chesney said that based on Mr. Beynon's remarks, the point of the ordinance is not whether there is a possibility of an animal becoming entangled but rather to address the situation when an animal does in fact become entangled. City Secretary Chapa polled the Council for their votes as follows: 30.a. M2001-317 Motion to amend prior to second reading the ordinance regarding tethering of animals by substituting a revised ordinance. Minutes - Regular Council Meeting August 21, 2001 Page 21 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 30.b. ORDINANCE NO. 024550 Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, Sections 6-2 and 6-20, regarding the restraint of an animal by means of a tether; providing for penalties in accordance with Section 6-1 of the City Code of Ordinances; providing for an effective date of September 1, 2001. The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal said one more citizen wished to address the Council under public comment. Mr. Richard Francis Flynn said he was representing Pro -Life America and he wished to transfer the abortion issue out of the realm of morality and religion and into the realm of law. Mayor Neal opened discussion on Item 31, Municipal Court collection fee. There were no comments from the audience. Responding to Council Member Kinnison, Ms. Barbara Sudhoff, Director of Municipal Court, said a defendant who is referred to the collection service has already had all his options before the court. She said if he is deemed indigent, he can comply with community service. City Secretary Chapa polled the Council for their votes as follows: 31.a. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, Chapter 29, Municipal Courts, by creating Section 29-51, Municipal Court collection fee, to create new collection fee for defendants with delinquent Municipal Court Payment Orders in an amount of 30% of each delinquent payment order; and providing for an effective date. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. 31.b. M2001-318 Motion authorizing the City Manager or his designee to execute a revision to Section 4.0 Compensation and Section 6.1, Scope of Services of the existing agreement with Linebarger, Heard, Goggan, Blair, Graham, Pena, and Sampson, LLP to collect outstanding fines on behalf of the City. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting August 21, 2001 Page 22 Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 32 regarding the arena project. City Secretary Chapa said Council Member Kelly had filed a disclosure affidavit and would be abstaining from discussing or voting on this matter. Mr. Jorge Cruz-Aedo, Director of Financial Services, said earlier that day the Corpus Christi Business and Job Development Corporation approved the execution of sales tax remittance and project agreements for the arena project. He said it entails a $5 million note over a two-year period with the interest rate on the LIBOR (London Interbank Offering Rate) plus 300 points. Mr. Jeff Leuschel, of McCall Parkhurst & Horton, said the notes will be sold to the Chase Manhattan Bank. He said according to the statute creating the corporation, the City Council must approve the corporation's actions before the notes can be issued. He said the purpose of this transaction is to allow the land to be acquired for the arena project. He said the sales tax remittance agreement states that the city agrees to contribute the one-eighth cent sales tax to the corporation for the arena project consistent with the proposition approved by the voters Last November. In the project agreement, the corporation agrees to acquire the land and transfer title to the city. Ms. Tina Peterman with J.P. Morgan then explained the terms and structure of the transaction. Mayor Neal referred to page 313 in the agenda book regarding the form of the note and he pointed out that the city cannot co -mingle this transaction with any other funds nor is it being backed by ad valorem taxes. Mr. Leuschel said the sales tax remittance agreement specifically escrows the one-eighth of one percent sales tax and therefore it cannot be co -mingled. Responding to Council Member Chesney, Mr. Cruz-Aedo said this is for the land purchase and costs associated with that purchase. He said this complies with the ballot measure approved by the voters. Mayor Neal said the Arena Project Sales and Use Tax Fund is being created. Council Member Kinnison asked bond counsel to explain why this is a taxable note. Mr. Leuschel said the reason is that since contracts have not been negotiated with potential users of the arena, it is impossible at this point to give clear legal advice on whether these obligations could qualify as tax-exempt obligations. He said when the permanent financing takes place, they anticipate that a substantial portion of that transaction will be tax-exempt. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 32. RESOLUTION NO. 024551 Resolution approving the Resolution authorizing the issuance of notes by the Corpus Christi Business and Job Development Corporation and the execution of a sales tax remittance agreement and a project agreement with respect to the arena project. Minutes - Regular Council Meeting August 21, 2001 Page 23 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, and Noyola voting "Aye"; Kelly abstaining; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 33, Rodd Field Village Improvement District project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 33. M2001-319 Motion authorizing the City Manager or his designee to execute an engineering services contract with Urban Engineering in the amount of $89,700 for the Rodd Field Village Improvement District project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 34, Rincon Bayou project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 34. M2001-320 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to an engineering services contract with HDR Engineering, Inc. in the amount of $435,000 for the Rincon Channel Pipeline project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * ************ Mayor Neal opened discussion on Item 35. He said he is the Chairman of the South Texas Military Facilities Task Force, which is informing officials in Corpus Christi, Nueces and San Patricio counties, the Port of Corpus Christi, and the Kingsville Economic Development Corporation about the possibility of another round of base closures in 2003. He referred to a proposed budget approved by the task force members which calls for spending about $400,000 over a 24 -month period to address the base closure issue. He said the Council has been invited to travel to Washington, D.C., on October 1-3 with task force members, where they intend to meet with several key Navy, Army and administration representatives. He said the task force's proposed budget is divided among the entities based on population, which he explained. He noted that there were previous base closure rounds in 1993 and Minutes - Regular Council Meeting August 21, 2001 Page 24 1995. The Mayor said the Corpus Christi Economic Development Corporation, Chamber of Commerce, Hispanic Chamber of Commerce, and Black Chamber of Commerce have all agreed to support the task force's efforts, such as through staff assistance and coordination. Council Member Kinnison said the Council was also supportive of the task force. Mayor Neal said he thought it would be helpful for the Council to send a resolution of support to Rep. Solomon Ortiz, Sen. Kay Bailey Hutchison, and Sen. Phil Gramm as well as a motion regarding funding opportunities. Council Member Chesney made a motion directing staff to prepare and bring back to the City Council for their consideration a resolution expressing support for the region's military facilities and funding for the South Texas Military Facilities Task Force in the amount of $50,000 per year for the next two years. The motion was seconded by Mr. Kinnison. There were no comments from the audience. City Secretary Chapa polled the Council and the motion passed unanimously (Neal abstaining; Longoria and Scott absent). * * * * * * * * * * * * * Mayor Neal announced the following executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: 36. City of Edinburg et al v. Central Power and Light Company, 92"d District Court, Hidalgo County, Texas, with possible discussion and action related thereto in open session; 37. City of Mercedes et al v. Reata Industrial Gas, L.P. et al, No. C -2262-97-G, and City of Weslaco et al v. Reata Industrial Gas, L.P. et al No. C -2776-97-G, 370' District Court, Hidalgo County, Texas, with possible discussion and action related thereto in open session; 38. City of San Benito v. PG&E Gas Transmission, Texas, and remaining claim of City of Corpus Christi related thereto, with possible discussion and action related thereto in open session; 39. Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 310 District Court, Nueces County, Texas with possible discussion and action related thereto in open session; and 40. City of Corpus Christi v. John Cornyn, Attorney General of Texas, No. GV 102410, 261" District Court, Travis County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said next week the Council will have a joint meeting with the Arts and Cultural Commission and during the regular Council meeting there will be a public hearing on the ad valorem tax rate and several presentations, including one about the annexation program. He said there will also be an executive session to discuss the Port Commission. Minutes - Regular Council Meeting August 21, 2001 Page 25 Mayor Neal thanked the city employees for their kindness during his wife's surgery and recovery. He then called for Council concerns and reports. Mr. Colmenero thanked staff for working with the Corpus Christi Model Railroad Club, and he asked about the status of the Sesquicentennial Committee. City Secretary Chapa said his office was waiting for two more Council appointments from Mr. Longoria and Mr. Scott. Once they are named, the committee can begin meeting. Mr. Colmenero said that a successful Stop Trashing Corpus Christi event was held last Saturday which involved many young people in District 2 and other areas of the city. Mr. Garrett expressed his condolences to the family and friends of Police Sgt. R.V. Cisneros, who was very active in the Police Officers Association. Mr. Kinnison said that he attended the bond rating trip to New York recently and during the meetings it became apparent that the agency representatives are very aware of issues in Corpus Christi. He said the city's financial position has greatly improved over the last few years. Mr. Chesney thanked Mr. Cisneros and the Park and Recreation staff for their ongoing assistance with the "Friends of the Park" plan which will come back to the Council. Mr. Garrett said he went to the landfill twice last weekend and commented positively about the employees' assistance. Mr. Noyola thanked Council Members Kelly, Garrett and Chesney for their participation in the town hall meeting at the Northwest Senior Center on August 13, 2001, which was attended by 143 people. Mr. Noyola also reported a low -hanging line at Columbia and SPID. Mr. Chesney said Mr. Garrett has taken the lead in organizing the town hall meetings and more will be held in each district throughout the city. Mr. Kelly thanked staff for installing the warning signs at the spillway dam. He also commented on the town hall meeting last week and asked if the matter involving the Regional Transportation Authority had been resolved. Mr. Garcia replied that he will find out and let him know. Mr. Kelly thanked staff for their assistance during that meeting and he said there was much concern about the placement of the third golf course. He said northwest residents generally feel that area is under -served. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:00 p.m. on August 21, 2001. * * * * * * * * * * * * *